Ortiz v. Lucero Ag Services, Inc.

Summary

The court recommends striking Lucero Ag Services, Inc.’s answer, entering default against it under Federal Rule of Civil Procedure 55(a), and permitting the plaintiffs to move for default judgment. The recommendations are based on the corporation’s failure to obtain counsel, comply with a court order, respond to discovery-related proceedings, or otherwise defend the action.

Holdings

1. A corporation may appear in federal court only through licensed counsel; because Lucero Ag Services, Inc. lacked counsel, failed to comply with the court's order concerning representation, and failed to defend the case, its answer should be stricken.
2. The Clerk should be directed to enter default against Lucero Ag Services, Inc. under Federal Rule of Civil Procedure 55(a) after the defendant's answer is stricken and the corporation remains unrepresented and nonparticipating.
3. Plaintiffs should be permitted to move for default judgment against Lucero Ag Services, Inc. after entry of default.

Questions Presented

1. Whether the court may strike a corporate defendant's answer when the corporation is no longer represented by counsel and has failed to comply with court orders and defend the action.
2. Whether the Clerk should be directed to enter default against the unrepresented corporate defendant under Federal Rule of Civil Procedure 55(a).
3. Whether plaintiffs should be permitted to move for default judgment after entry of default.

Disposition

other